The presentation of source code-related evidence at trial can present a significant challenge. By its nature, it is obtuse and difficult for a fact finder to understand, but in many cases it can be the most potent evidence of how a product or service works.
In a first part to this two-part series, early considerations for source code discovery were discussed with a focus on preparation for trial presentation. Once source code evidence has been developed, the next challenge is presenting the evidence in court. This second part of the series addresses that challenge, including selecting the proper witness to testify, sealing the courtroom at trial, and the logistics of presentation in court.
Selecting the Proper Witness to Testify
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